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Venkat   21 October 2019

How to speed up the child custody case?

My ex-wife filed for child custody two years back. Due to reasons beyond my control, it went ex-parte and has recently been reopened. The judge is just delaying the matter by giving dates. I filed for visitations 5 months back, but she still did not dispose it and did not give visitation orders. I am thinking of filing a petition in high court to speed up both the IA and OP, giving immediate visitation orders and closing the OP within 3 months. In this regard, I have the following questions:

(a) Should I file a writ of mandamus for this purpose?

(b) Whom should I make the respondent in such a petition? Would it be the chief justice of the court or just the family court judge?

(c) Before filing the petition in high court, I would like to give a chance to the family court judge to speed up the case herself. Can I file a memo asking her to speed it up and also seek her permission to file a petition in high court to speed it up? Coiuld that be construed as a threat?

Thanks to anyone who responds.



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 1 Replies

Have a Heart Foundation (Sales & Mktng)     02 February 2021

A Survey is being conducted for Reforms in functioning of Family Courts in India.

Separated Parents in Child Custody / Visitation disputes are requested to participate and fill the form in link below.

Our Children Deserve Better


https://docs.google.com/forms/d/e/1FAIpQLSfb-7gq8lVMUed9PQqkMV3gYCb5TC5WgH5wMKV0uaJB-Rc9yQ/viewform


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